Frequently Asked Questions

Answers to your EEOICPA & RECA Questions

What is EEOICPA?

EEOICPA stands for Energy Employees Occupational Illness Compensation Act. EEOICPA claims are Federal Workers Compensation Claims which involve compensation to those who worked for the Department of Energy (DOE) or under a DOE contract at a designated Department of Energy (DOE) Facility or an Atomic Weapons Employer (AWE) facility.

What is RECA?

RECA, which stands for Radiation Exposure Compensation Act, involves claims for Uranium Miners, Millers, and Transporters who develop lung and kidney diseases as well as cancer as a result of exposure to Uranium and other hazardous substances. RECA also addresses claims from on-site participants who were exposed to radiation during a test of a nuclear weapon at the Nevada Test Site (NTS) or in the South Pacific and later developed certain types of cancer. Finally, those who lived downwind of the Nevada Test Site (NTS) and were diagnosed with certain types of cancer can also obtain compensation under RECA as Downwinders.

Am I eligible for EEOICPA compensation?

If you, your parent, or your grandparent worked for a Department of Energy facility or an Atomic Weapons Employer (AWE) facility and currently has a condition related to exposure to radiation and/or a toxic substance or passed away from a condition related to exposure to radiation and/or a toxic substance then you are eligible to apply for compensation under EEOICPA. The receipt of compensation will depend on whether the Department of Labor (DOL) can verify a connection between exposure to radiation and/or a toxic substance and the illness or condition in question. We have significant experience establishing this connection.

Am I eligible for RECA compensation?

If you, your parent, or your grandparent worked as a uranium miller, miner, or transporter and developed a condition related to uranium exposure then you are eligible to apply for compensation under RECA’s program for uranium miners, millers, or transporters.

RECA also has a program which compensates individuals who developed cancer and lived downwind of the Nevada Test Site during its period of operation (Downwinder claims), and one which addresses individuals who were exposed to radiation due to presence at a nuclear weapons test (Onsite Participant claims). If this applies to you, your parent, or your grandparent, you are eligible to apply for compensation.

I have previously filed a claim under EEOICPA and/or RECA and it has been denied. What can you do to help?

We will obtain a copy of the DOL file and pick up where you left off. We will do our best to ensure that your hard work is brought to a final resolution. On denied EEOICPA claims we obtain a copy of the DOL file which includes all documentation related to your claim. We analyze the reason why your claim was denied in the first place and we urge the DOL or the DOJ to accept your claim. We work with experts including Health Physicists and Occupational Medicine Physicians in order to present a professionally prepared analysis built on strong supporting evidence.

I have never applied for compensation under RECA and/or EEOICPA and I think I am eligible for compensation. Where do I start?

We encourage potential claimants to allow us to file claims for them. We send out an authorized representative form and an engagement letter. The authorized representative form allows us to represent your interests before the Department of Labor (DOL) which decides whether your claim will be approved or denied.

The engagement letter describes our fee for working on your claim. This fee is set by the statute and is limited to 2% on an initial claim and an additional 10% if your claim is recommended for denial. We do not receive compensation if your claim is not paid. The compensation that is paid by the Department of Labor is wired directly into your account. After you receive your compensation we send you an invoice for 2%, 10%, or 12% of the compensation based on (1) whether you were paid on the initial claim, or (2) if we only handled the objection and/or hearing and (3) if we handled both the initial claim and the objection and/or hearing.

Need an Attorney?

At Stephens & Stephens, we are experienced attorneys that specialize in representing individuals affected by radiation exposure. If you need help determining if you qualify for EEOICPA or RECA benefits, fill out our free claim evaluation form, for contact us directly to request more information.